Beyond the Rhetoric…The war between Apple vs. Samsung

HARRY C. ALFORD
HARRY C. ALFORD

(NNPA)—On the surface, the Apple/Samsung trial that recently concluded appears to be a minor win for Samsung in a long-running patent war. The U.S. Court of Appeals for the Federal Circuit cut Samsung’s damages payment from $930 million to $548 million, a substantial reduction in penalty.
The legal reasoning behind the court’s decision has, however, validated some of Apple’s most corrosive arguments for the future of design patent litigation. Worst of all, these consequences won’t just be limited to technology conglomerates like Apple and Samsung; they will percolate throughout the economy and affect businesses everywhere, particularly in our society’s most vulnerable and underprivileged communities.
For consumers, particularly minorities, the court’s ruling raises questions about innovation and competition. Patents are meant to protect companies that innovate and create. But the court’s ruling places less certainty on design patent interpretation, and opens the floodgates for increased litigation on design patents.

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